I-131 (Travel Permit)

One should file this application well in advance of a planned trip. The I-131 can only be applied for if If one leaves the country while the permit is pending, one can be put into a tough situation if the permit is approved for a shorter period of time than expected or denied. Furthermore, USCIS may need your biometrics (fingerprints). If one leaves before the biometric appointment, then one cannot appear for the appointment and the I-131 will be denied. However, one can indicate on the Form I-131 that you would like USCIS to send your reentry permit to a U.S. Embassy, consulate or a DHS office overseas, so you can pick it up from one of those facilities. One may also get a reentry permit if he/she plans on traveling outside the United States without a passport from a home country. Many countries throughout the world may allow American green card holders to use a reentry permit like a passport—placing necessary visas and entry and exit stamps in the permit. However, be careful if you plan on this course of action. One must be sure to check with the country you plan to visit beforehand to see if that country permits this practice.

A popular form of advanced parole is when people file a form I-131 with their application to adjust status. This allows for people to leave and re-enter the United States while their green card is still pending. Without this advanced parole, one would have their pending I-485 application denied. Humanitarian (Advanced) Parole allows an individual who may be inadmissible or otherwise ineligible for admission into the United States to be in the United States for a temporary period for urgent humanitarian reasons or significant public benefit. If an individual holds one of the following nonimmigrant visa classifications, then advanced parole is not required:

• An H-1 temporary worker, or H-4 spouse or child of an H-1;
• An L-1 intracompany transferee, or L-2 spouse or child of an L-1;
• A K-3 spouse, or K-4 child of a U.S. citizen;
• A V-1 spouse, or V-2/V-3 child of a lawful permanent resident

A refugee travel document is required to return to the United States if:

• One has refugee or asylee status but is not a green card holder
• Are a derivative asylee or refugee

Failure to comply with this requirement before leaving the U.S., means one may be unable to re-enter the United States or you may be placed in removal proceedings before an immigration judge. The presence of an advanced parole document can also circumvent the need for a refugee travel document.

CNMI long-term residents must obtain advance permission before departing the CNMI to travel to any other part of the United States (including Guam). Any travel in violation of these restrictions will result in the automatic termination of status.